MaryAnne Armstrong, PhD, offers her perspective on the "impact of the America Invents Act"
MaryAnne Armstrong, PhD, offers her perspective on the "impact of the America Invents Act" during the bill's 10 year anniversary in an article from IPWatchdog, Inc. titled "Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look"
MaryAnne's quote includes: "Overall, the AIA has been positive. Provisions for a post-grant review of patents outside of a litigation and which involves significant third-party involvement was a fundamental gap in U.S. patent laws compared to other countries. Almost all countries have some form of an opposition system, which permits the preemptive challenge to a patent’s validity without the need for a corresponding assertion of the patent, by the patent owner. While not perfect, under the AIA, the United States now has an analogous system for third parties to challenge patents prior to a litigation. This permits companies to more concretely determine the risk associated with going forward with a new product or technology area, prior to making significant investments of resources, capital and time. The AIA also took the United States one step closer to being harmonized with other countries by changing from a first-to-invent system to a first-inventor-to file system. This change is still somewhat different from true first- to-file systems of other countries; however, under the AIA the United States is much closer to the standard used in the rest of the world."